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Newcastle 1820
The Death of Burragong
t The
rapid pastoral expansion that began in 1820 and was supported by overseas capital
resulted in a
financial boom in the colony. Fuelling this in part was the opening of
grazing areas west of the Blue Mountains. Further north in the
Hunter Valley, John Howe accompanied by Benjamin Singleton and others
repeated a previous journey from Windsor to Jerry's Plains and reached St.
Patrick's Plains (Singleton). He then travelled further on to Wallis
Plains (Maitland). Settlement in the Hunter Valley was soon to begin
Land that until now had been inhabited only by natives
would soon be
settled. Native hunting grounds would decline as cattle and sheep and
their minders pushed out further beyond the settlements. Conflict
between the natives and settlers
was harsh and inevitable and the tribes further up the valley would soon
experience the decimation that contact with Europeans caused on the
coast many years before.
In Newcastle the peaceful Awabakal tribe had been dealing with callous, brutalized convicts and their gaolers
for sixteen long years. In an effort to adapt and survive from the earliest days of the penal settlement
they had worked with
authorities to capture 'bolters'. They were probably loathed and feared by
the prisoners, as their treatment of captives was harsh. Read of the
death of Burragong alias King Jack, leader of the Newcastle tribe
HERE

The Sydney
Gazette 8 January 1820
COLONIAL POLICE FUND
Benjamin Grainger paid £5 salary from 30 June to
30 September 1819 (Miner at Newcastle)
Captain Morisset Commandant paid £67/17/- for the
period 1 January to 30 June 1819
John
Evans, Superintendent of Government slaughter house
paid…. £25 for the period 1 January to 30 September
1819
Henry
Wrensford Donation for service as schoolmaster at
Newcastle….. £5
POLICE OFFICE
Francis
Chartres was brought up to this office and
charged by Mr. James Stewart with stealing a gold
brooch his property and being convicted thereof was
sentenced to be transported to Newcastle
Mathew Merritt to receive
100 lashes in the Market Place on
Friday next and be sent to Newcastle for two years;
and John Marchant to receive 50 lashes, and sent to
Newcastle for 12 months
John
Thompson, a prisoner arrived by the General
Stuart, and John Howlett a prisoner arrived by
the Canada were brought before the Bench for
effecting their escape in the ship Tottenham
from this Colony, having been returned hither by the
St. Michael, and were directed to be sent to
Newcastle for two years
The Sydney
Gazette 15 January 1820
EXECUTION
On
Friday the 7th instant, were executed at
Newcastle, pursuant to their sentence, William Smith
and John Pagan, who were tried and convicted at the
last Court of Criminal Jurisdiction for the wilful
murder of James White, which crime was perpetrated
on the 11th October. They were conveyed
to Newcastle in the brig Elizabeth Henrietta, and to
all appearance died very penitently, acknowledging
the justice of that sentence which had decreed them
to suffer death.
THEFT
Edward
McCabe, a prisoner, was charged with stealing a
quantity of superfine broadcloth from the warehouse
of Mr. Connell, in Pitt Street. The prisoner had
offered to dispose of some cloth to various persons
and among others to Mr. Cooper, of George Street to
whom he shewed a pattern, but which was declined.
Information was accordingly given to the Police of
the circumstance; and the prisoner was apprehended
with two different pieces of cloth, as samples, on
his person, and which were identified to be of the
same colour and quality as that stolen. The prisoner
urged nothing in his defence; and being found
guilty, he was sentenced to receive 100 lashes at
the cart’s tail in the market place on Friday next,
and be afterwards sent to Newcastle for the
remainder of his original term of transportation.
ROBBERY
Michael Crogan was found guilty of a street robbery,
and sentenced to receive 50 lashes and afterwards
sent to Newcastle.
The Sydney
Gazette 29 January 1820
Reverend G. Middleton, Prince Regent, Clerk.
Appointed assistant Chaplain at Sydney until
permanently appointed.

The Sydney
Gazette 25 March 1820
COURT OF CRIMINAL JURISDICTION
Monday
Thomas
Till and Michael Haggerty, tried on a charge of
stealing 17 sheep, the property of John Blaxland,
Esq. Haggerty pleaded guilty; and was repeatedly
exhorted by His Honour the Judge Advocate against
persisting in the plea; in the affirmative to which
he replied as often as challenged. Till pleaded not
guilty; and was acquitted upon the first count for
stealing but found guilty upon another count
charging him with aiding assisting and abetting in
the robbery – both remanded for sentence
Same
day – William Brown, for stealing a colt; found
guilty and remanded for sentence
Tuesday – Thomas Smith, Thomas Blazey, Edward Aibrey,
Thomas Fox, and John Sears, for stealing a boat the
property of Mr. William Stuart – All found guilty
and sentenced 7 years to Newcastle to hard labour;
the first year to work in double irons.
Same
day – Joseph Cunningham born in the colony aged 18,
and Samuel Medworth a prisoner servant were indicted
on a charge of stealing two head of cattle and both
found guilty and remanded for sentence
Thomas
Rourke indicted for stealing sundry articles of
wearing apparel in the dwelling house of Martha
Plomley her property was found guilty and sentenced
to 14 years to Newcastle.
The
prisoners convicted on capital charges were brought
before the Court to receive sentence. These unhappy
creatures were nine in number viz
Michael Haggerty and Thomas Till, for sheep
stealing;
Joseph
Cunningham and Samuel Medworth for cattle stealing
Theophilus Chamberlain, for stealing a mare;
William Brown for stealing a colt;
Dominick McIntyre for sheep stealing;
John
Davis for stealing a bullock; and
James
Francis for stealing a cow and calf
Upon
his awful occasion nine unhappy men standing at the
bar of a court in expectation of their horrifying
doom presented to the pitying eye of the spectator a
melancholy picture of calamity; the dye was cast,
and the forfeit to be paid! What forfeit? Nothing
but life itself, extending to a new creation, in
which the doom of mortals was to be irrevocably
fixed.
His
Honour the judge in a most impressive speech drew
all the prisoners into a sense of contrition; and
while he assured them of mercy, so far as affected
their lives yet suggested the impossibility of
suffering them longer to remain in a condition
wherein their crimes might be prolengthened. The
youthful as well as the hoary head were equally now
the miserable subject of contemplation; and in the
especial case of Cunningham, he was sorry to remark,
that in his particular case he had disturbed that
vast fidelity of character that belonged to the
Youth of this colony, whose bright example it was a
pity should be so unhappily traduced by the wretched
misdoings of one individual of a society that had
preserved itself in a state that carried with it the
highest of commendations and merited the reward of
approbation, which was greater to a rising
generation than could be possible rewarded otherwise
than in the estimation the esteem, and commendation
of an admiring world.
His
Honour was much affected in his admonition to this
wretched youth, who under a good guidance might have
made a fine young man; but, alas! He was given up to
destruction, and had fallen under its ruins. He was
happy, however, in mitigating the sentence of death
to all of the prisoners at the bar.
The Sydney
Gazette 22 April 1820
ABSCONDING PRISONERS
Principal Superintendents Office
The
undermentioned Prisoners having absented themselves
from their respective employments, and some of them
at large with false Certificates, all constables and
others are hereby strictly required to use their
utmost Exertions in apprehending and lodging them in
safe Custody. From Newcastle:
Francis Rhodes,
James
Munroe
The Sydney
Gazette 3 June 1820
CONVICT PUNISHMENT
Bench of Magistrates - This day
George Pocock for
burglariously entering into the Store of Mr. George
Williams was sentenced to 100 lashes in the Market
Place and to be afterwards transported to Newcastle
for the term of three years. Offenders of this
description have not the plea of want; they have
sufficiency to live upon and if, instead of
endeavouring to excite an interest in their behalf
by an obvious amendment of principle they pledge
themselves hoity toity into new disgrace, to whom
can they expect to appeal for relief?
The Sydney
Gazette 17 June 1820
ISAAC ELLIOTT APPOINTED SUPERINTENDENT OF CONVICTS
Government and General Orders Government House,
Sydney 14 June 1820
Civil
Department
His
Excellency the Governor has been pleased to appoint
Mr. Isaac Elliott to be Superintendent of Convicts
and Public Works at Newcastle in room of Mr. John
Evans, deceased with a salary of £50 sterling per
annum, commencing from this date and to be paid from
the Colonial Police Fund.

The Sydney
Gazette 24 June 1820
ABSCONDING PRISONERS
Principal Superintendents Office
The
undermentioned Prisoners having absented themselves
from their respective employments, and some of them
at large with false Certificates, all constables and
others are hereby strictly required to use their
utmost Exertions in apprehending and lodging them in
safe Custody. From Newcastle:
James
Mullins per Grenada, seaman, aged 28 years;
5’4” high; dark eyes; black hair; ruddy complexion;
a native of Belfast.
John
Briggs per Baring aged 50
James
Woodey Lord Eldon aged 22
William Harper per Indefatigable; aged 30;
bargeman; tried in Kent August 1813
James
Stacey per Atlas aged 31
John
Brown per Gambier aged 32
Piratically taking a Boat at Newcastle with which
they were chased into Rushcutter’s Bay
Any
persons harbouring concealing or maintaining any of
the said Absentees will be prosecuted for the
offence.
CRIMINAL COURT - SYDNEY
Tuesday
This
day the Court resumed its sittings when
Samuel
Perkins, a soldier in the 48th Regiment,
was indicted for stealing wearing apparel and other
articles in a dwelling house. Guilty. Sentenced to
Seven years transportation to Newcastle.
William Hempenstall and Samuel Bayley were indicted
for a highway robbery and feloniously taken from the
person of Corporal Allen a silver watch, his
property. Both Guilty. Remanded for judgment.
Robert
McIntosh, for robbing the King’s stores, was found
guilty, and sentenced to four years transportation
to Newcastle.
Wednesday
– William Taylor, James Engling, Edward Cottain, and
Thomas Acton, were indicted; the three former for burglariously breaking open the stores of R. Brooks,
Esq. Of Sydney, and stealing there from considerable
goods and merchandize, the property of Mr. E.
Sindrey; and Thomas Acton with feloniously exciting
aiding, assisting, harbouring and comforting the
said three prisoners. The circumstances were
detailed nearly in substance and fact as those that
came out on the robbery of Mr. Robinson’s house in
Castlereagh Street, the same night, on the evidence
of an accomplice Standidge, and in consequence of
the property being traced into the possession of
Acton. All four guilty. Remanded for judgement
Thursday
– William Long charged with stealing from the
lumberyard, at Sydney two iron wedges, the property
of the Crown was found guilty and sentenced six
months to Newcastle. A man brought forward as an
evidence for the prisoner was committed by the Court
for prevarication and perjury
The Sydney
Gazette 1 July 1820
CRIMINAL COURT
On Monday the Court
reassembled; when Godfrey Hanskie was found guilty
of having sheep in his possession knowing them to be
stolen; and John Scott was also found guilty of a
similar charge.
Tuesday
– William Earl and William Christie were indicted
for sheep stealing, and both found guilty
Wednesday
– Thomas Waite and Jane Mitchell were indicted for
house breaking at Parramatta – Both guilty
Patrick Hagan and John McTag were found guilty of a
highway robbery and rape
Thursday
- James Smith alias Stubbs, James Garland and
Elizabeth Hannil, were all found guilty of forging
store receipts
Friday
– Donald Tierney was found guilty of sheep stealing;
and John Clarkson of privately stealing in a
dwelling house
All
the above prisoners will be brought up for judgement
on a future day.
ABSCONDING PRISONERS
Principal Superintendents Office
The undermentioned Prisoners having absented themselves from their
respective employments, and some of them at large with false
Certificates, all constables and others are hereby strictly required to
use their utmost Exertions in apprehending and lodging them in safe
Custody. From Newcastle:
Thomas
Simms, sawyer, lately from Newcastle
James
Edison, John Brown, John Shaw from Newcastle
John
Briggs and James Stacey for piratically taking a
boat
The Sydney
Gazette 8 July 1820
CRIMINAL COURT
Tuesday
- James Newcome was arraigned for feloniously
stealing a book and other property (being the whole
contents of his house) from the premises of James
McGarr; and being found guilty was sentenced to 14
years to Newcastle.
Mary
Butcher for stealing; and Mary McCabe and Eleanor Scooner (both for receiving), 33 shirts and other
property from Roderick Cooper; were all found guilty
and sentenced each 6 months to Newcastle.

The Sydney
Gazette 15 July 1820
CRIMINAL COURT
On
Thursday the 6th instant the various
prisoners that had been convicted during the session
received sentence as follows:
James
Stubbs and Elizabeth Hannell, implicated with James
Garland for forgery life to Newcastle; William Hempenstall and
Samuel Bailey, stealing a watch – 14
years to Newcastle; Godfrey Hanskey, William East,
and William Christie, sheep stealing at Van Diemen’s
Land – 14 years to Newcastle; Thomas Wayte and Jane
Mitchell, stealing out of a dwelling house – 7 years
to Newcastle
Patrick Hogan and John McKeg, for highway robbery
and rape; William Taylor, James Ingley, Thomas Acton
and Edward Ogle alias Cottam, burglary; John Brady,
Thomas Bailey, John Scott, Peter McGue, and Donald
Tierney, sheep stealing; and James Garland for
forgery – All received sentence of death!
Yesterday morning were executed, James Ingley,
William Taylor, and James Garland. We are most happy
to state, that each of these premature sufferers met
death with that fortitude which vital Christianity
alone can inspire. While on the platform they each
delivered an appropriate speech to the numerous
spectators, who gave solemn attention, exhorting
their fellow prisoners who witnessed the unhappy
spectacle to shun those vile practices which
prevailed among them, gambling drunkenness, theft
and the total neglect of religion. Garland concluded
his admonition by praying that peace might rest upon
all who saw his end, and adored his blessed
Redeemer.
ABSCONDING PRISONERS
Principal Superintendents Office
The
undermentioned Prisoners having absented themselves
from their respective employments, and some of them
at large with false Certificates, all constables and
others are hereby strictly required to use their
utmost Exertions in apprehending and lodging them in
safe Custody. From Newcastle:
James
Edison
John
Brown
John
Shaw
James
Stacey
The Sydney
Gazette 29 July 1820
GOVERNMENT PUBLIC NOTICE
Saturday 26 July 1820
His
Excellency the Governor has been pleased to direct
the following Statements of the Police and Female
Orphan Institution Funds for the quarter ending 31st
March 1820.
Henry
Wrensford, Schoolmaster ……………….£15
Mr.
Evans, Superintendent ………………………£12/10/-
Benjamin Granger, miner ……………………… £5
John
Howe, Expenses for Expedition of Discovery to Hunter
River…. £76/14/6-
Major
Morisset, Commandant at Newcastle. Salary to 31st
March ……£34/2/6
The Sydney
Gazette 5 August 1820
CRIMINAL COURT
Wednesday July 26 – Francis McGowran, Ennesley McGrath, David Bell and
George
Crawford were indicted on a charge of cattle
stealing, and being found guilty thereof were
remanded for sentence. The prisoner George Crawford,
was found guilty as an accessory after the fact.
Friday
July 28
– Jeremiah Buffey and Thomas Till were acquitted of
a charge of highway robbery.
Jeremiah Buffey, Thomas Till, and Mary Buffey, were
indicted for having property in their possession
knowing the same to have been stolen and being found
guilty were sentenced 7 years to Newcastle
Thomas
Baverton was convicted of stealing a quantity of
working tools and adjudged 3 years hard labour at
Newcastle
Tuesday August 1
– John Smith was indicted for feloniously entering
the dwelling house of Hannah Moss, on the 4th
ult., and stealing there from sundry articles of
wearing apparel, and a quantity of dollars. The
prisoner, about 23 years of age and who only arrived
here in the Coromandel in the beginning of
April last, pleaded guilty to the indictment – 7
years to Newcastle.
John
Winch was found guilty of stealing a gridiron and
sentenced 6 months hard labour at Newcastle
John
Kelly was next arraigned for having in his
possession property rather to a considerable amount
well knowing the same to have been stolen. The
articles produced in Court, and which several
identified as having been stolen from them at
various times, consisted principally of watches,
seals and jewellery. The property being found in his
possession, and sworn to as having been stolen, the
prisoner said in his defence he had purchased it,
but not bringing the parties forward from whom he
had bought it, or attempting to prove he came by the
articles in an honest way, he was pronounced guilty.
The prisoner seemed to be upwards of sixty years
old, very decrepit, and extremely miserable and
wretched in his appearance so much so that His Honor
the judge Advocate informed the Members of the Court
he had been deemed an object of commiseration, and
as such the blessedness of that charitable
Institution, the Benevolent Society had been
extended to him; but the prisoner, under the garb of
poverty and wretchedness, had practiced a most gross
imposition upon that Institution, and so far from
being any longer entitled to the least spark of
compassion, had drawn upon himself from the
aggravated nature of the offence of which he had
been clearly found guilty, the severest judgement
the law affords in such cases of extreme depravity
and the sentence of the Court was that he be
transported to the settlement of Newcastle for seven
years.
Wednesday August 2
– William Rouse, George Rouse and John Richards were
indicted for burglariously breaking and entering the
quarters of Lieutenant Macquarie and stealing there
from wearing apparel and other articles; and Thomas
Carpenter was charged with feloniously receiving the
same.
The Sydney
Gazette 12 August 1820
CONVICT PUNISHMENT
John Sullivan,
a prisoner was brought before the Bench as an absentee. It was proved
that the prisoner had only been liberated from solitary confinement a
few days before and so trifling was the impression made upon his mind in
being treated with leniency upon that occasion that he availed himself
of the first opportunity to get at large. He was apprehended in the
neighbourhood of Kissing Point and brought into town. The Bench deemed
it necessary to remove such a character to the settlement of Newcastle
for two years.
The Sydney
Gazette 19 August 1820
CONVICT PUNISHMENT
John
Thompson, a prisoner and quite a boy, was brought
forward on a charge of attempting to stab his
overseer and making use of infamously offensive and
violent language; which being clearly proved to have
been the case he was ordered to receive 25 lashes
and be sent to Newcastle for twelve months.
The Sydney
Gazette 26 August 1820
CONVICT PUNISHMENT
On Tuesday
last John Smith, a prisoner, was brought before the Superintendent of
police, and charged with exciting the men in the prisoners’ barrack to
riot and tumult, thereby endangering the life of a fellow prisoner;
which fact clearly appearing, he was sentenced to be publicly whipped,
and sent to Newcastle for 12 months.
Yesterday morning George Rouse, Thomas Ford, alias Ward, and
Dennis Maloy, were executed pursuant to
their sentence. Maloy (convicted of cattle stealing)
made no confession of guilt. Rouse and Ford
acknowledged that from their youth they had lived in
abandoned habits; and they left this world in the
hope of meeting with mercy in a better.
The Sydney
Gazette 16 September 1820
CONVICT PUNISHMENT
Police Office –
John Fitzmorris, a prisoner was charged
with absenting himself from Government labour. The
charge being proved against the prisoner, and his
character being of the worst stamp, he was sentenced
to Newcastle for the remainder of his term of
transportation.
The Sydney
Gazette 23 September 1820
CONVICT PUNISHMENT
Wilson Appleyard an assigned government servant to Richard
Brooks Esq., was brought before the Police
Magistrate on a charge of obtaining under false
pretences, sundry property in various parts of the
town, upon diverse occasions and appropriating the
same to his own use. It appeared from the evidence
that the prisoner was employed by Mr. Brooks as
clerk, in whom the utmost confidence had been
placed; upon which account his situation was
rendered as comfortable as possible and in fact made
respectable; but it unfortunately turned out that he
violated the trust reposed in him in the most
shameful and ungrateful manner. The prisoner had
drawn orders, in the usual way of business, in the
absence of his master, upon the most respectable
houses in town, for chests of tea, bags of sugar,
slops, tobacco, flour, etc., to a considerable
amount, which articles as soon as obtained, were
converted into cash by the prisoner, being sold upon
his own account to enable him to maintain the
dissipated course of life into which he had
embarked. Such was the confidence placed in him by
his master, and all his household, that the servants
became the instruments of assisting in his too well
organized plans of plunder and fraud. Various
parties appeared, who clearly proved the guilty of
the prisoner, which he did not attempt to deny. The
amount of his frauds I somewhat considerable; but,
had not a discovery fortunately taken place, it
cannot be conceived to what extent the prisoner
might have gone. Against such infamous breaches of
faith and confidence the Magistrate observed there
was unhappily scarcely a possibility of guarding;
the Public were ever in danger from such systematic
villainy; and it behoved the inhabitants to be more
circumspect in future in complying with orders from
persons so circumstanced, and to know to whom they
were giving their property at the least. The
prisoner was sentenced corporal punishment, and to
be sent to Newcastle for the remainder of his term
of transportation.
The Sydney
Gazette 14 October 1820
PRISONER PUNISHMENT
Police Office
– Saturday - James Brown, for absenting himself from his master’s
employ repeatedly, and obtaining articles from various individuals under
false pretences was sentenced 12 months to Newcastle.
John
Norris, a prisoner of the Crown possessing a ticket
of leave, was brought before a Bench of Magistrates
this day and charged with purchasing military
clothing and having in his possession sundry
articles of stolen property belonging to Government;
which being clearly proved against the prisoner he
was ordered to be sent to Newcastle for the space of
2 years.
The Sydney
Gazette 21 October 1820
ABSCONDING PRISONERS
Principal Superintendents Office
The
undermentioned Prisoners having absented themselves
from their respective employments, and some of them
at large with false Certificates, all constables and
others are hereby strictly required to use their
utmost Exertions in apprehending and lodging them in
safe Custody. From Newcastle:
James
Chamberlain
James
Kelly
John
Kinsela
POLICE
OFFICE - SYDNEY
Monday
Patrick Berry a free man who had only returned the
previous Friday from Newcastle after a servitude
there of five years was fully committed for trial;
having perpetrated a robbery in Pitt Street on
Sunday night.

Sydney
Gazette 25 November 1820
CRIMINAL COURT
On Wednesday, at the hour of
ten in the forenoon, the court commenced its
Sittings when the customary forms being gone
through, the business of the Sessions immediately
went on.
Richard Evans and John Evans, found guilty of
stealing sundry articles the property of Samuel Dell
– sentenced to three years to Newcastle
Patrick Berry was found guilty of stealing in the
dwelling house of Bridget Cuffe, in Pitt Street,
various articles of wearing apparel – sentenced to
seven years to Newcastle
Thursday
– William Nichols, found guilty of feloniously
stealing a saw – 2 years to Newcastle
John
Manly was indicted for feloniously and burglariously
breaking and entering the dwelling house of George
Merryman, a baker in George Street, on the 25th
October last, and stealing there from 48 loaves.
Some of the bread was found in the prisoner’s
possession, which was sworn to be part of the
identical batch that was stolen; and in confirmation
of a suspicion that became attached to the prisoner
from the fact of his being employed by the
prosecutor on the day of the robbery, attended with
other circumstances, he decamped in terror fro his
lodgings and was not taken into custody for some
weeks after. The prisoner denied the charge, but had
no evidence to corroborate his statement; and was
therefore found guilty – sentenced to 14 years to
Newcastle.
George
Ison was indicted for embezzling on the 3rd
of July last, from Mr. Robert Cooper of George
Street, sundry articles viz 48 red caps, 12 pair of
shoes, 24 table spoons, and 12 quart pots. The
circumstances were these: The prisoner, who came to
this colony as boatswain of the ship Eliza had
shipped in June last on board the brig Campbell
Macquarie, and had received, with the other seamen,
two months advance, to proceed on a voyage from
which she has since returned. A day or two previous
to the sailing of the vessel, the prisoner
importuned Mr. Cooper to let him have a couple of
red shirts which he complied with an order to go to
Mrs. Cooper and obtain the articles specified in the
indictment, for the use of the vessel with which he
was to proceed on board. The prisoner took the order
to the warehouse; received the goods; and instead of
going on board and proceeding on the voyage
according to agreement was not heard of for some
weeks. A short time previous, however, to the return
of the vessel from the southern settlements the
prisoner was apprehended and committed for the fact
of embezzlement to take his trial. He did not
attempt to deny the receipt of the articles in
question, together with his disappearance, but
attributed it to other causes than that of a
felonious intention, which, however he failed in
proving and was therefore adjudged guilty – 7 years
to Newcastle.
Friday
– Margaret Cuddy and Margaret Lawrence were found
guilty of stealing a watch on the 25th of
September last, from the person of Charles Tunstall
– sentenced to seven years to Newcastle.
Jeremiah Simmons, James Tyler and John Mayo, were
indicted for feloniously entering the dwelling house
of Mr. John Croaker in George Street, on the evening
of the 9th august last, and stealing
there from a box, containing 15 in cash and a
quantity of women’s wearing apparel, the property of
Mary Coppinger. The prisoner, Jeremiah Simmons,
pleaded guilty to the indictment.
Mary
Coppinger, the prosecutrix, on this occasion
deposed, that she lived in the family of Mr. Croaker
as servant, prior to the robbery; and that one of
the prisoners at the bar, John Mayo, who was a
prisoner of the Crown, lived also in the same
family, being an assigned Government servant to Mr.
Croaker; and that he was at home on the evening of
the robbery. The witness also stated, that she had
seen the box in question about five minutes before
its removal had been effected. A number of articles
of wearing apparel before the Court were sworn to as
forming part of the property the box contained when
stolen.
Mr.
Croaker deposed, that hearing an alarm made by the
prosecutrix on the evening already stated, and
discovering the cause every effort was immediately
made to trace the thief in which they were
apparently joined by the prisoner at the bar, John
Mayo, but that all search proved fruitless; that no
violence to effect an entry into the dwelling was at
all visible; and from the situation of the
prosecutrix’s room, together with the nature of the
bolt that secured the door, which no stranger knew
how to open, more than ordinary suspicion became
excited on the occasion against the prisoner John
Mayo, which, from circumstances that transpired
during the evening and following morning. Simmons,
who had pleaded guilty lodged at her house at the
time of the robbery and stated that habits of
intimacy existed between the three prisoners,
Simmons, Tyler, and Mayo; the Tyler frequently
visited Simmons, and that the latter had been
employed by Mayo to make him a pair of shoes about a
month before, which was his trade: On the morning
that the robbery was committed same evening, Mayo
came and particularly enquired for the prisoner
Simmons, who was then from home, but was directed by
the witness where he might be found; and that, in
the evening between the hours of 8 and 9 the
prisoner Jeremiah Simmons came home, in company with
James Tyler, having a quantity of wearing apparel,
now before the court, concealed about their persons
which they tied in a bundle in her presence
accounting for the possession of it by saying they
had found a box on the Race Course; that the bundle
containing the spoil was then thrown upon the loft;
and next forenoon the prisoner John Mayo came to the
house in company with Simmons ( Here Mr. Croaker
stated that the prisoner Mayo had been absent the
morning after the robbery, which, of course tended
to increase the too well grounded suspicion
entertained against him). Jane Long’s testimony went
on to state, that for the purpose of security, she
removed the articles in a few days to a neighbours
of the name of Simpson where they were found by
Dalton, the constable; but, upon her cross
examination it became apparent, so far from evincing
any honest intention in the transaction she had
actually and immediately subsequent to the robbery
altered and cut up some of the apparel for her own
use, for which articles she was stripped in the
watch house. His Honour the Judge Advocate commented
in the strongest terms upon the infamy that had
developed itself during the examination of this
witness, Jane long, and severely regretted, with the
Members of the Court, that instead of being an
evidence on the trial, she had not been placed at
the bar of that tribunal as a felon, being as much
entitled to the justly incurred vengeance of the law
as her companions were, who now awaited the issue of
their trial. Further Testimony was adduced which
went chiefly to criminate the prisoner who had
pleaded guilty. The prisoners at the bar, being put
upon there defence declared their innocence of the
charge alleged against the. No doubt existed as the
to intimacy between the prisoners Simmons and Tyler;
also the connexion of Mayo with them as he doubtless
had been the planner and adviser of the robbery,
whereby his fellow servant was to be deprived of her
all. His participation in the crime, however, was
too apparent to be capable of being disproved; as it
was proved by the testimony of Jane Long, infamous
as her character appeared to be, that he was anxious
to partake of the ill gotten wealth by his visit
next morning to Simmons, which fact was indubitably
supported by Mr. Croaker; that circumstance alone
being established, clearly proved that the robbery
had been pre concerted; and, although the prisoner
Mayo was at home on the evening it happened, and
exactly at the time as was proved, yet for all that
it was too apparent he had been the promoter, as
well as a participator in the crime. The charge
being substantiated against the prisoners, they were
found guilty – 14 years to Newcastle.
JONAS
DELWORTH AND WILLIAM SMITH were indicted for burglariously breaking and entering the warehouse of
Mr. Simeon Lord, on the 16th August last,
and stealing there from a quantity of jewellery, and
some silk handkerchiefs; and Margaret McKennell was
indicted for receiving the same, knowing them to be
stolen.
Mr.
John Black, Clerk to Mr. Lord, deposed that on the
night of the 16th or morning of the 17th
of August last, the warehouse had been broke into
and various articles, consisting of jewellery and
silk handkerchiefs were discovered to be stolen
together with a chronometer, value 40 but which,
with most of the stolen property, had been since
recovered. Mr. Black also stated, that subsequent to
the apprehension and committal of the prisoner
Delworth he had been informed by him that he
Delworth had found the articles in the Government
domain round Bennelong’s Point, and that he would
conduct him to the spot where some of the articles
remained secreted, that he availed himself
accordingly of such information and went with the
prisoner, and some of the property now before the
Court was then and there found
Mr.
Thomas Dunn, Chief constable, deposed that he went
attended by several peace officer to the house of
the prisoner Margaret McKennel in Phillip Street, on
or about the 20th August a few days after
the robbery, where the prisoner Delworth lodged,
having the authority of a search warrant to discover
whether certain information that had been laid
before the Superintendent of Police was correct. The
prisoner, Margaret McKennel upon being made
acquainted with the nature of his entrance resisted
unhesitatingly declaring the property to be her own;
that in a few minutes after she desired Mr. Dunn to
be seated, when the whole affair should be
explained. She then said that the articles had been
brought home by the prisoner Delworth, who told her
he had found them in the government Domain, and
requested her to keep them secure for him. The
prisoner Delworth being then in the house, he was
secured. The above testimony was confirmed by that
of three other peace officers.
Levy
Abrahams, an assigned Government servant to Mr.
Josephson, jeweller, deposed, that the prisoner
William Smith had offered to sell him various
articles of jewellery, asserting he had received an
assortment from a person who was apparently a
seaman; that he acquainted his master with the
circumstance hoe directed him to procure a sample;
and meeting the prisoner again in a day or two,
according to appointment, he obtained various
articles, which he delivered to his master, Mr.
Josephson, in whose mind suspicion being awakened on
the occasion, he very properly and judiciously had
the prisoner, William Smith brought to him, whom he
conducted with the proffered articles to the Police
Office,; from whence the prisoner was committed to
take his trial in conjunction with his associates at
the bar.
Other
testimony was called to prove the tracing of the
property to the possession of the prisoner Jones
Delworth , who in his defence still declared that he
had found the property in the Government Domain.
William Smith denied all knowledge of the
transaction, further than that of receiving the
articles from Delworth to sell; and Margaret
McKennell strenuously denied, in a written defence,
all felonious intention on her part, but the chain
of evidence adduced, and the evident connexion
between the prisoners was too clear to admit of the
possibility of doubt existing as to the guilt of
either of the prisoners who not having any witnesses
to corroborate their assertions they were found
guilty. Jonas Delworth and William Smith – life to
Newcastle; Margaret McKennell, whose original term
of transportation had only expired while in custody
for the present offence – 7 years to Newcastle.
The Sydney
Gazette 2 December 1820
CRIMINAL COURT
James King and William Crow both prisoners were indicted for robbing the
cottage of Joseph Louis at the Field of Mars in the day time by breaking
down the door when no one was in. Guilty. Sentenced to 14 years to
Newcastle.

The Sydney
Gazette 9 December 1820
CRIMINAL COURT
Thursday November 29
David
Jones, Thomas Horsely and Henry Bell were convicted
of pig stealing and severally sentenced to be
transported to Newcastle for the term of seven
years.
John
Kinsela and James Chamberlain, were indicted on two
charged; namely with having stopped and robbed upon
the king’s highway John Watkins a constable of a
pistol; and secondly with having presented the same
at the constables who had afterwards endeavoured to
retake them, with threats to fire if they persisted
in the attempt. The prisoners were fugitives from
Newcastle; and found shelter and concealment on and
about the estate of a Gentleman at Castlereagh, of
which information was sent to the Magistrates of
Parramatta, by whom constables were sent out and
they were apprehended; they were handcuffed
together, and delivered into the charge of the
prosecutor Watkins to be conducted into Parramatta;
but one of them managing to extricate himself form
the hand cuff they both determinately demanded the
pistol which being given up they threatened the life
of the prosecutor, should be attempt to impede their
escape telling him that they would leave the pistol
for him at a place they described near the toll
gate, where he would find it by nine at night. The
prosecutor went accordingly but it had not been left
as promised to be. The next day three armed
constables went in pursuit of them; and they were
discovered in the bush by the smoke from their fire,
and one of these pursuers deposed in evidence, that
he had known the voice of Kinsela as they
approached; and seeing him, unperceived, with a
pistol in his hand, he levelled his piece and fired
at him, the contents lodging in his arm, whereupon
he and his companion were both secured, and the
pistol found loaded upon the half cock. The unhappy
man, Kinsela, has since endured seven or eight weeks
of dreadful torture, and his emaciated and apparent
state of suffering at the bar, excited much the
commiseration of the auditory.
His
Honour the Judge Advocate examined this witness in
the strictest terms on the motives that had induced
him to fire on the prisoner before he had challenged
him, and commanded him to yield himself up; to which
he replied, that having himself been at Newcastle in
an inferior capacity at a time when the wounded man
was, he had an opportunity of ascertaining his
character to be desperate, and his agility great;
and that he was at the instant convicted that there
was no means of securing him while he was armed,
without imminent danger of their own lives.
The
evidence for the prosecution being closed the
prisoners were left to their defence; in which they
varied considerably from the statements exhibited
against them. They denied the taking of the pistol
from the witness John Watkins by force, or that they
had presented the pistol at any body; but averred
that it had been given up to them on their request
and that they had shook hands at parting; Kinsela
also supplicating mercy from the Court on account of
his long protracted and extreme bodily suffering –
The defence concluding, His Honour summed up the
evidence and expatiated at length upon the leading
facts, submitted the ultimate question to the
consideration of the Court; who returned a verdict
pronouncing the prisoners Guilty upon both charges.
Monday
December 4
– James Steel and Michael Cassidy were indicted for
pig stealing. Steel was acquitted. Cassidy found
guilty; and was remanded
Nicholas McCanne and Anthony Silva found guilty of
stealing four geese the property of James Richards.
Sentenced to 1 year to Newcastle
Kennedy Murray, who pleaded guilty and Joseph Ward,
were indicted for poultry stealing. Ward found
guilty – 1 year to Newcastle. Murray remanded
Michael Smith found guilty of stealing from a
dwelling house. Sentenced to 7 years to Newcastle
Wednesday December 6
– John Powell found guilty of stealing in a dwelling
house – 7 years to Newcastle
The Sydney
Gazette 16 December 1820
THE MURDER OF BURRAGONG
John Kirby and
John Thompson
are indicted for the wilful
murder of Burragong, alias King Jack a native chief
at Newcastle on the 27th of October; and
the first witness called in support of the
prosecution was
Isaac
Elliott, a superintendent at that settlement who
deposed that the two prisoners charged were employed
in the blacksmiths’ shop there; that Kirby had been
removed thither from hence two years ago under
sentence of the Criminal Court; and that Thompson
was also sent thither, for endeavouring to effect an
escape from the Colony; that on the 26th
of November they were absent from their work, and he
discovered that they had both run from the
settlement; which being reported to the Commandant,
he immediately dispatched a military party, attended
by two constables, in quest of them. In ten minutes
after the party had left, a black woman arrived with
information to deponent, of two men being taken up
by some natives, who were conducting them into the
town; the pursuing party were in consequence
recalled from their adopted route, and joined by
deponent, went out to meet the natives with their
prisoners; and shortly met a number of natives
(accompanied by the two prisoners), all armed with
spears and other weapons the murdered chief guarding
Kirby; both the prisoners very soon descrying
deponent and the pursuing party; immediately where
upon the natives set up a yell and shout, and
clearly articulated the words “Croppy make big
Jack booey” by which was to be comprehended that
one of the white men had killed Jack their chief;
whom the prisoner Kirby was seen to raise his arm to
seize upon, but fell himself from a blow by a waddy.
Witness further deposed that no blow was struck by
the natives until the murderous act had been
committed by the prisoner Kirby. The other prisoner
at the bar had only endeavoured to effect his
escape, but was secured by one of the constables as
was Kirby also, who had risen and endeavoured to run
off. Deponent saw the deceased in a wounded state by
some sharp instrument, in the belly and bound him
round; had him conveyed into the town; had a search
made for the destructive implement, which could not
be found. After ten days survival the deceased went
to deponent with an order from the worthy Officer
that commands the settlement to receive a suit of
clothing and then said he was merry bujerry,
meaning that he was much recovered; but in five days
after, deponent heard that this kind, useful and
intelligent chief had breathed his last. The fatal
wound was given on the 27th of October
and he painfully languished till the 7th
of November ultimo.
James
Wills one of the constables who attended the party
corroborated the foregoing evidence; and
particularly to the fact that no blow was struck by
any native before he saw Kirby stretch out his arm
towards the wounded man, and heard the yells and
shouts of the natives; and that while in the act of
hand cuffing the two prisoners, the prisoner Kirby
expressed his regret at not having killed the
deceased outright. He saw the deceased a few days
after in the woods and he then expressed a complaint
of much illness, owing to his wound and in a few
days after he was dead.
The
other constable of the party Meneeto corroborated
the foregoing testimony.
Mr.
Fenton, assistant surgeon of the 48th
Regiment, gave testimony of the deceased having been
brought into the settlement wounded, and was
attended to with every care, in his own quarter;
where he would not continue after the third day,
though every persuasion was used to detain him, he
being desirous of resorting to the expedients
practiced by themselves in wounded cases. Dr. Fenton
described the wound to have been received in the
abdomen and extremely dangerous. In five days after
his quitting he returned and Dr. Fenton dressed his
wound he then appearing in a convalescent state; but
he soon after heard of his death. Dr. Fenton had no
doubt of the death ensuing from an internal
mortification in the abdomen, occasioned by the
wound proved to have been inflicted by the prisoner
John Kirby, against whom a verdict was returned of
Wilful Murder; and sentence of death was immediately
pronounced upon him. – his body directed to be
dissected and anatomised. – John Thomas was
acquitted.
Henry
Morrishaskey, Lawrence Fennell, James Chamberlain,
Charles Stevens, Michael Bowling and Thomas Givney
sentenced to life to such part of the Territory as
His Excellency the Governor may think proper to
direct.
William Brown and John Fulton – sentenced 14 years
to any part of the Territory as before stated.
The Sydney
Gazette 23 December 1820
ABSCONDING PRISONERS
Principal Superintendents Office
The
undermentioned Prisoners having absented themselves
from their respective employments, and some of them
at large with false Certificates, all constables and
others are hereby strictly required to use their
utmost Exertions in apprehending and lodging them in
safe Custody. From Newcastle: Thomas Lymington
George
Napier, assigned to Wilson’s Gang, absconded from
the Prisoner’s Barracks, Hyde Park; he had been
recently returned from Newcastle, from which
settlement he had formerly absented himself for a
length of time. This old bushranger is well known in
the districts of Liverpool and Castlereagh, is about
thirty years of age, stout made, of dark complexion;
slightly pock pitted, and arrived per ship
Fortune.

The Sydney
Gazette 30 December 1820
ABSCONDING PRISONERS
Names and Descriptions of Prisoners of Crown supposed to
have made their Escape from the Colony in an open
Boat, on the Night of the 25th or early
on the Morning of the 26th Instant;
John Briggs, aged 45, seaman native of Bermuda, 5ft
9 in. high, light complexion, brown hair, grey eyes;
came per ship Baring; his right hand is much
disabled by a wound; he lately ran from Newcastle
with a boat and was chased into Rush-cutting Bay by
the boats from that settlement.
James
Kelly aged 30 seaman, native of Galway, 5ft 9 ½ in.
high, dark ruddy complexion, dark brown hair; hazel
eyes, came per ship Isabella; lately returned
from Newcastle.
John
Smith aged 25, seaman, native of Portsmouth, 5 ft 7
½ in. high, sallow complexion, black hair and eyes,
came per ship Sir William Bensley; lately
returned from Newcastle
Patrick Hernon aged 22; clerk, native of King’s
County, 5 ft. 5 in. high, fair freckled complexion,
sandy hair, hazel eyes, came per ship Surrey;
has been twice sent to Newcastle and but lately
returned.
Thomas
Wade, aged 40, clerk, native of Dublin 5ft 8 in
high, pale complexion, black hair, hazel eyes came
per ship Dorothy; assigned servant to Mr.
Quarter Master Stubbs.
Thomas
Gordon aged 44 seamen, native of Dumfries 5ft 9 in.
high, sallow complexion, brown hair hazel eyes, came
per ship Dorothy; ran from Richmond Road
Party, was in the Colony before in the name of
Thomas Leach, and came then per ship Fortune
John
Ossingbrook, aged 32 seaman and sail maker, native
of Sweden 5 ft 7 ½ in high, yellow complexion, dark
flaxen hair, hazel eyes, came per ship Batavia;
lately discharged from Gaol Gang and attached to
Wilson’s Gang.
William Russell, aged 24 carpenter and joiner native
of Cheltenham 5ft 8 in high, fair ruddy complexion,
dark flaxen hair, hazel eyes came per ship
Tottenham; Attached to Prisoners Barracks Hyde
Park
William Atkins aged 27 carpenter native of Bury St.
Edmonds 5ft 9 in dark ruddy complexion, black hair,
hazel eyes, came per ship Grenada; attached
to prisoners Barracks Hyde Park
William Bradbury aged 46 labourer native of
Derbyshire 5ft 10 in high, dark sallow complexion,
brown hair, grey eyes came per ship Baring;
ran from Government Works at Pennant Hills,
John
Bishop aged 39 cabinet maker and joiner native of
Windsor 5ft 11 in high, dark pale complexion, black
hair hazel eyes came per ship Atlas in 1816;
Government servant to Mr. William Noah.
James
Stacey aged 32 waterman native of Surry 5ft 1 ¼ in
high, dark ruddy complexion black hair hazel eyes,
came per ship Atlas in 1816; lately ran from
Newcastle with a boat and was chased into Rush
Cutting Bay by boats of that settlement
William Arrow alias Stacey aged 21, labourer, native
of Surry 5’ 31/2” high, pale complexion, brown hair;
per Fanny. Also ran from Newcastle.
The
last two were servants to Dr. Harris whom they have
robbed of a considerable quantity of property.

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